사문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.
2. The judgment defendant recognized all of the instant crimes as an initial offender with no record of criminal punishment and is in profoundly against the depth of the instant crimes.
However, each of the instant crimes committed in collusion with the Defendant for the purpose of obtaining economic benefits, by forging a certificate of confirmation under the name of D Medical Center in a planned manner, and by submitting it to the Korean Embassy, thereby hindering the legitimate immigration management work and impairing the immigration order by arranging the scams who wishing to be illegally employed in Korea to obtain a medical tourism visa. In light of the background and content of the instant crime, the frequency of the crime, the number of the crimes, and the actual method as seen above, the Defendant’s leading forgery of the certificate of confirmation of the said reservation, and thus, led to unlawful employment. In light of the fact that the Defendant primarily committed the crime, the crime cannot be easily deemed to have been committed.
In addition, in full view of the various circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, the sentence sentenced by the court below is too uneasible and unfair.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Article 94 subparagraph 3 of the Immigration Control Act, and Articles 94 subparagraph 2 and 30 of the same Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act (by March 9, 2015), respectively.